Zuber Ahmad and 2 Others Vs State of U.P. Thru. the… — Cheating and Forgery | Allahabad HC (2025)

Zuber Ahmad and 2 Others Vs State of U.P. Thru. the… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Quashing of the charge sheet dated 20.04.2021 arising out of Case Crime No.327/2020 under Sections 406, 419, 420, 506 IPC (P.S. Jahangirganj, District Ambedkar Nagar) along with the entire proceeding of Criminal Case No.4287/2021 pending before the Civil Judge (Junior Division)/Judicial Magistrate, Ambedkar Nagar, on the basis of the compromise dated 09.06.2025 verified on 02.07.2025.

Issue for consideration

Whether the charge sheet dated 20.04.2021 arising out of Case Crime No.327/2020 and the entire proceedings of Criminal Case No.4287/2021 ought to be quashed under Section 482 Cr.P.C. in view of the compromise dated 09.06.2025 arrived at between the parties.

Court's answer

Considering the ratio laid down by the Supreme Court in B.S. Joshi, Nikhil Merchant, Manoj Sharma, Gian Singh and Narinder Singh, it was appropriate in the facts and circumstances of the case to quash the criminal proceedings, as their continuance would be an exercise in futility.

Ratio / Principle

In view of the fact that the parties have settled their dispute by way of compromise and the law laid down by the Supreme Court of India, the present petition is allowed and the chargesheet dated 20.04.2021 along with the entire proceeding of Criminal Case No.4287/2021 is quashed.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Subhash Vidyarthi, J., allowed an application under Section 482 Cr.P.C. and quashed the charge sheet dated 20.04.2021 arising out of Case Crime No.327/2020 under Sections 406, 419, 420, 506 IPC, Police Station Jahangirganj, District Ambedkar Nagar, together with the entire proceedings of Criminal Case No.4287/2021 pending before the Civil Judge (Junior Division)/Judicial Magistrate, Ambedkar Nagar. Quashing was founded on a compromise dated 09.06.2025 between the parties, verified by the trial court by order dated 02.07.2025 pursuant to directions issued on 17.06.2025 in the applicants' earlier Section 482 application No.5098 of 2025. Counsel for opposite party no.2 supported and consented to the quashing. Relying on B. S. Joshi v. State of Haryana (2003) 4 SCC 675, Nikhil Merchant v. CBI (2008) 9 SCC 677, Manoj Sharma v. State (2008) 16 SCC 1, Gian Singh v. State of Punjab (2010) 15 SCC 118 and Narinder Singh v. State of Punjab (2014) 6 SCC 466, the Court held that continuance of the criminal proceedings after the settlement would be an exercise in futility.

Neutral Citation No. - 2025:AHC-LKO:40112

Court No. - 15

Case :- APPLICATION U/S 482 No. - 5666 of 2025 Applicant :- Zuber Ahmad And 2 Others Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Santosh Kumar Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Vakalatnama filed by Sri Saurabh Kumar, Advocate on behalf of the opposite party no.2 is taken on record.

Heard Sri Santosh Kumar Srivastava, the learned counsel for the applicants, Sri Ashoke Srivastava, the learned A.G.A for the State and Sri Saurabh Kumar, the learned counsel for the opposite party no.2.

By means of the instant application filed under Section 482 Cr.P.C, the applicants have sought quashing of the charge sheet dated 20.04.2021 arising out of Case Crime No.327/2020 under Sections 406, 419, 420, 506 IPC, Police Station- Jahangirganj, District- Ambedkar Nagar along with the entire proceeding of Criminal Case No.4287/2021 pending in the Court of Civil Judge (Junior Division)/Judicial Magistrate, Ambedkar Nagar.

The quashing of the proceedings has been sought on the ground that the parties have entered into a compromise on 09.06.2025, a copy whereof has been annexed with the affidavit.

The applicants had filed an application under section 482 Cr.P.C. No.5098 of 2025, which was disposed of by means of an order dated 17.06.2025 directing the trial court to verify the compromise. The compromise has been verified by means of an order dated 02.07.2025 passed by the learned Civil Judge (Junior Division)/Judicial Magistrate, Ambedkar Nagar.

Sri Saurabh Kumar, the learned counsel for the opposite party nos. 2 has supported the prayer made by the applicants and has given his consent for proceedings being quashed on the basis of compromise.

Considering the ratio laid down by the Supreme Court in the cases of B. S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675, Nikhil Merchant versus C.B.I.

and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus Station of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466, it would be appropriate in the facts and circumstances of the case to quash the criminal proceedings as continuance of the criminal proceedings would be an exercise in futility.

In view of the fact that the parties have settled their dispute by way of compromise arrived at between the parties and the law laid down by the Supreme Court of India, the present petition is allowed and the chargesheet dated 20.04.2021 along with the entire proceeding of Criminal Case No.4287/2021 is hereby quashed.

(Subhash Vidyarthi,J.)

Order Date :- 14.7.2025 Preeti.

Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench